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Bankruptcy Keyed to Epstein 6th Ed.
Morris v. Cunningham (In re Cunningham)
Citation:
355 B.R. 913 (2006)Facts
In 1987, plaintiff Eddie Lou Morris contacted defendant Willie Cunningham, then a real estate agent and president of Unicom Properties, about purchasing property in College Park, Georgia. Cunningham represented that the property carried a mortgage that could be assumed through the Federal Housing Authority with a $5,000 down payment. Relying on these representations, Morris proceeded with the purchase, providing two cashier’s checks totaling $5,000 and executing a contract for deed. Morris took possession and made monthly payments, but later discovered problems when the property was foreclosed upon by Metmor Financial. The Georgia Real Estate Commission subsequently revoked Cunningham’s license, finding he had falsified documents and made substantial misrepresentations in connection with Morris’s attempted purchase. In 1988, Morris filed suit in Superior Court of Fulton County against Cunningham and others, resulting in a 1994 judgment awarding Morris $30,519.21 in special damages, $300,000 in general damages, $20,000 in attorney’s fees, and $166,666.63 in punitive damages against Cunningham individually. Cunningham filed for bankruptcy in 1998 and again in 2005, both times failing to list Morris’s judgment in his bankruptcy schedules.
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